Brian C. Courtney

Brian C. Courtney

Shareholder, Hartford

(860) 548-2665

bcourtney@uks.com

Brian C. Courtney represents lenders and borrowers in all forms of loan transactions - including commercial lending, asset based lending, real estate and construction finance, equipment finance, bond transactions, and mezzanine finance. In the real estate area, he represents a variety of real estate developers, with a particular emphasis on affordable and multifamily housing. In the corporate area, he represents large international businesses as well as small family owned business, with a particular emphasis on non-profit companies.

In the litigation area of his practice, he has extensive bankruptcy experience representing debtors, bankruptcy trustees, creditors committees, and secured and unsecured creditors. He has litigated a number of state court receiverships for nursing homes on behalf of creditors and owners. He has litigated fraud, contracts, and predatory lending cases in federal district court.

Mr. Courtney is a frequent lecturer on commercial topics. He was an adjunct professor for the University of Hartford where he taught a course entitled "Workouts, Foreclosures and Bankruptcy" for a dozen years. He is the author of numerous articles in his practice area.

Representative Litigation Matters

  • Represented the owners of two Nursing Homes in Receivership and successful sale to new buyers. He developed a novel approach to resolving the over $10,000,000 in secured and unsecured claims against the companies to allow for the sale. The Receivership was the first successful case under the new Connecticut statute which limited the time for the sale or closing of a nursing home in receivership.
  • Represented a factoring company in the prosecution of 65 separate suits in state and federal court to collect amounts owed by a defunct construction company
  • Represented a major insurance company in the Chapter 11 Bankruptcy proceeding for Pacific USA, Inc. in Dallas, Texas and a related lawsuit against the debtor's parent corporation in Taipei, obtaining attachments on all of the parent company's assets. Mr. Courtney structured a settlement of both cases under which the assets under attachment were used to fund the bankruptcy plan, resulting in payment in full to his client on its $17,000,000 settled claim.

Representative Transactional Matters

  • Lead counsel to Sovereign Bank in connection with its acquisition of over 100,000 commercial and consumer loans totaling over $100 billion from Fleet pursuant to an asset divestiture required by the Justice Department as a precondition to Fleet's merger with BankBoston, N.A.
  • Represented Sovereign Bank in the $29,000,000 financing of the historic Colt Firearms factory in Hartford, Connecticut for the construction of commercial and retail space and market rate apartments. The project included additional funding from historic tax credits, and a grant from the CT DECD.
  • Represented the purchaser of Everett Gardens, a 184-unit in affordable housing project in Camden, New Jersey tax exempt revenue bonds issued by the Camden County Improvement Authority and low income housing tax credits.
  • Represented Hill Development Corporation in the acquisition of a 65-unit scattered site development including financing provided by Federal Home Loan Bank, the City of New Haven and Yale University and the issuance of low income housing tax credits to Enterprise Social Investment Corp.
  • Represented the construction lender in the conversion of a vacant hotel property into 173 apartments.  The project was also financed through federal and state historic tax credits and loans from the two state agencies.

Community and the Bar

  • Member of the Connecticut Bar
    Member, Executive Committee of the Commercial Law and Bankruptcy Section and Past Chairman, Young Lawyers Division, Commercial Law and Bankruptcy Section
  • Advisor to numerous nonprofit organizations and Director of Lifelong Learning Corporation

Speaking Engagements/Articles

  • Financing Your Business - 2010. Connecticut Bar Association
  • Foreclosures and Repossessions, May 2008. Lorman Education Services Law
  • Enforcing Commercial Loans in Connecticut, January 2004. Lorman Education Services
  • Real Estate Development from Beginning to End. July, 2007. Lorman Education Services
  • Enforcing Commercial Loans in Connecticut, June 2004. Lorman Education Services
  • Recent Developments in Commercial Bankruptcy Law - 2006. Connecticut Bar Association Annual Meeting
  • The Connecticut Transfer Act NE Real Estate Journal, March, 1992

Education

  • Boston College Law School, Newton Massachusetts
    J.D. cum laude - 1987
    UCC - Reporter Digest, Member, 1986 - 1987
  • Boston College, Chestnut Hill, Massachusetts
    B.A. cum laude - 1984
    Honors: Phi Alpha Theta

Practice FocusEducation
  •  J.D., cum laude, Boston College Law School, Newton, Massachusetts, 1987  
    -UCC - Reporter Digest, Member, 1986-1987  
  • B.A., cum laude, Boston College, Chestnut Hill, Massachusetts, 1984  
    -Honors: Phi Alpha Theta  
Professional & Community Associations
  • Connecticut Bar Association
    Member, Executive Committee of the Commercial Law and Bankruptcy Section
    Past Chairman, Young Lawyers Division, Commercial Law and Bankruptcy Section
  • Lifelong Learning Corporation
    Director
  • Advisor to Numerous Nonprofit Organizations
Bar & Court Admissions
  • State of Connecticut
Publications
  • Speaker, Financing Your Business - Connecticut Bar Association, 2010
  • Speaker, Foreclosures and Repossessions, Lorman Education Services, May, 2008
  • Speaker, Real Estate Development from Beginning to End, Lorman Education Services, July, 2007
  • Speaker, Enforcing Commercial Loans in Connecticut, Lorman Education Services, January, 2004
  • Speaker, Enforcing Commercial Loans in Connecticut, Lorman Education Services, June, 2004
  • Speaker, Recent Developments in Commercial Bankruptcy Law, Connecticut Bar Association Annual Meeting, 2006
  • Author, The Connecticut Transfer Act, New England Real Estate Journal, March, 1992
Brian C. Courtney

Tara Bateman

Production Assistant

(860) 509-5325

tbateman@uks.com